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Development Control Committee

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DEVELOPMENT CONTROL COMMITTEE

TERMS OF REFERENCE

 

All matters submitted to the Local Planning Authority may be dealt with by officers under delegated powers except when it is considered that the proposals should be determined by the Development Control Committee. This may occur in the following circumstances:

 

i.     a request is made by a Ward Member;

ii.    approval of an application is recommended which is contrary to agreed Council policy, such that its approval would represent a significant departure;

iii.   in the view of the Director of Community Services, Head of Built Environment or the Development Control Manager in consultation with the Chair and/or the Vice-Chair an application is of significant public interest, and/or is believed to be controversial;

iv.   the application is made by a Member or Officer of the Council.

 

With regard to (i), any request shall be made in writing, giving reasons (which shall include e-mails) and within the 21 day period identified on the weekly list of applications.

 

With regard to (ii) and (iii), matters to be taken into account include issues of consistency, previous decisions relating to the application site, possible conflict with the Council’s Corporate Policies.

 

DELEGATIONS TO OFFICERS FROM DEVELOPMENT CONTROL COMMITTEE

 

The Planning Control Manager has full authority to exercise and discharge the

provision of the full range of development control services in accordance with all

statutory and other requirements of a Local Planning Authority under the Town and

Country Planning Acts including:-

 

1.    The approval of reserved matters;

2.    Planning Applications by the Council (eg of a minor nature, the Planning Control

3.    Manager to consult with the Chair and/or Vice-Chair);

4.    Consent for the display of advertisements;

5.    Listed Building consent;

6.    Conservation Area Consent;

7.    A Certificate of Lawful Use (in consultation with Head of Corporate Resources);

8.    A Certificate of Proposed Lawful Use (in consultation with Head of Corporate Resources);

9.    A Certificate of Appropriate Alternative Development (in consultation with Head of Corporate Resources);

10.    Renewals of Temporary Planning Permissions;

11.    Works or felling of trees covered by a Tree Preservation Orders (TPO's);

12.    Works or felling of trees sited within a conservation area;

13.    Variation of a condition attached to a planning permission, listed building consent, conservation area consent or advertisement consent;

14.    The removal of hedgerows;

15.    The installation of overhead electricity lines;

16.    Applications for development by Government Departments;

17.    Applications for Hazardous substances consent;

18.    Make applications for consents to carry out works to Council owned land or buildings;

19.    Issue and serve planning contravention notices and breaches of condition notices or stop notices (in consultation with Head of Corporate Resources);

20.    Make Article 4 Directions – to be reported to the Chair and Vice-Chair of Development Control Committee at the earliest opportunity and subsequently reported to Development Control Committee;

21.    Authority to take decisions in relation to part 8 of the Anti Social Behaviour Act 2003 (except in relation to the determination of fees);

22.    Delegation to officers common to all Committees;

23.    Application for prior notifications for the installation of telecommunications, equipment, agricultural works or demolition;

24.    To discharge conditions attached to a planning permission, listed building consent, conservation area consent or advertisement consent;

25.    To make Building Preservation Notices;

26.    To make Tree Preservation Orders (TPO's);

27.    To determine that development is “permitted development”;

28.    To comment on notifications from neighbouring local authorities;

29.    Agree to the contents of agreement under section 106 of the Town and Country Planning Act 1990;

30.    To determine minor amendments to approved applications;

31.    To take enforcement action against unauthorised development (in consultation with Head of Corporate Resources);

32.    In conjunction with the Head of Corporate Resources and the agreement of the Chairman or Vice Chairman of the Development Control Committee to seek injunctions;

33.    To take action to remove placards posters or adverts in contravention of the town and Country Planning (Control of Advertisements) Regulations or similar Statutory enactments;

34.    To make observations on proposals submitted to adjoining planning authorities; and

35.    Where determinations of the applications would be delegated if submitted to the Borough Council.

 

The Planning Officer (Enforcement) is authorised to enter any land and premises for

any of the purposes in accordance with and having regard to, the provision of:-

 

a.    Sections 178, 196A, 196B, 196C, 324 and 325 of the Town and Country Planning Act 1990 (as amended);

b.    Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 (as amended);

c.    Sections 88, 88A and 88B of the Planning (Listed Building and Conservation Areas) Act 1990; and

d.    Section 36 of the Planning (Hazardous Substances) Act 1990.

 

The signatory to this authority will be the Planning Control Manager

 

The following personnel should also have this authorisation conferred on them,

namely: -

 

Planning Control Manager;

Planning Officers; and

Policy Manager and Planning Policy Officers.